Many people in Arizona have invested in real estate. These investments have been made for varying reasons. Some may have purchased a single rental home as a way of providing income for their retirement and later years. Others may be professional investors who buy, sell, and rent properties on a regular basis. While real residential real estate can be a quality investment, it can also bring more headaches than many initially realize. Tenants often refuse to pay rent, cause damage to the property, and can create problems with city officials. It may be necessary to file for an eviction when such issues arise. Having an experienced attorney can help to facilitate the process so that you are not losing money for longer than is necessary. I am able to assist with such matters and will make your case a priority. If you are a landlord then contact my firm online or by telephone to speak with a Phoenix eviction lawyer.
Eviction attorney for Phoenix landlords who are dealing with the non-payment of rent or other tenant issues
Arizona is like other states in the Union in that it allows a landlord to remove a tenant for a variety of reasons. While most evictions stem from the non-payment of rent, there are other reasons for which a tenant may be removed. These include violations of the lease, staying past the expiration of the lease, criminal activity by the tenant, and more. How long it takes to remove the tenant from the property will depend on the nature of the violation.
The process of evicting a tenant begins by serving them with a Notice that they must vacate the property within a certain amount of time. The timeframe given to the tenant will depend on the reason for which the Notice is being served. If the removal is due to the non-payment of rent (the most common reason), then the tenant will receive a five-day notice. The time frame extends to ten days if the removal is due to a material breach of the lease. In certain situations, such as when the tenant is engaging in criminal activity, it can be demanded that they leave the property immediately. This is referred to as a “same day” Notice. If the tenant vacates within the given period, then the owner may reclaim the property without filing an eviction. If they do not vacate, then the landlord may file an eviction action once the waiting period has passed.
A formal eviction begins with the filing of a Summons and Complaint. These documents will be served on the tenant. A hearing will be scheduled for no later than six days after filing of the Complaint. Once the Judge grants the eviction (assuming a valid defense is not raised by the tenant), then the landlord will obtain a Writ of Restitution. This document permits the landlord to have the constable remove the tenant from the property. It is important to note that, until the constable removes the tenant, the landlord cannot take action on their own. This means, for example, that the landlord may not shut off the utilities, change the locks, etc. Having an experienced attorney can help to ensure that the matter is handled correctly and that there are not unnecessary delays. This can help a landlord to reclaim their property as soon as possible.
Bretton Barber is a Phoenix lawyer helping landlords who need to remove a tenant. Bretton will quickly identify all documents which are needed to begin the process and he will ensure that the required Notice is served as quickly as possible. He will timely file your case with the Court and will keep you up to date as to the status of the situation. Bretton understands the impact that a problematic tenant can have on your situation. He will make your case a priority. Contact our eviction lawyer today for an initial consultation.
Phoenix lawyer providing quality service to Arizona landlords
Bretton understands that many landlords have difficulty retaining competent and quality counsel. He strives to be different in this regard. Bretton will make sure that you receive a copy of all Court filings and that you know what to expect from the process. He also assists landlords with other aspects of managing their property, such as with the reviewing of leases, the formation of business entities, and more. We look forward to assisting you. My office also serves Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.